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Profile: Federal Communications Commission (FCC)

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Federal Communications Commission (FCC) was a participant or observer in the following events:

1949: FCC Enacts Fairness Doctrine

The Federal Communications Commission (FCC) enacts the Fairness Doctrine, which enjoins American television and radio networks to give “reasonable opportunities” for differing viewpoints on controversial political and social issues to be aired. The Fairness Doctrine has two basic elements: broadcasters must devote some of their airtime to discussions of controversial matters of public interest, and they must air contrasting views regarding those matters. Stations have a wide latitude as to how to provide those contrasting views, in news segments, editorials, or public affairs shows. The rule comes from a 1928 practice adopted by the forerunner of the FCC, the Federal Radio Commission (FRC), which called for broadcasters to show “due regard for the opinions of others.” [Fairness and Accuracy in Reporting, 2/12/2005; Jamieson and Cappella, 2008, pp. 45] The FCC views station licensees as “public trustees,” and as such have an obligation to afford reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance. [Museum of Broadcasting, 1/27/2008] In 2005, communications law expert Steve Rendell will write: “There are many misconceptions about the Fairness Doctrine. For instance, it did not require that each program be internally balanced, nor did it mandate equal time for opposing points of view. And it didn’t require that the balance of a station’s program lineup be anything like 50/50. Nor, as Rush Limbaugh has repeatedly claimed, was the Fairness Doctrine all that stood between conservative talkshow hosts and the dominance they would attain after the doctrine’s repeal. In fact, not one Fairness Doctrine decision issued by the FCC had ever concerned itself with talkshows. Indeed, the talkshow format was born and flourished while the doctrine was in operation. Before the doctrine was repealed, right-wing hosts frequently dominated talkshow schedules, even in liberal cities, but none was ever muzzled… The Fairness Doctrine simply prohibited stations from broadcasting from a single perspective, day after day, without presenting opposing views.” Rendell will note that the Fairness Doctrine has won support from organizations on all sides of the political and social spectrum. [Fairness and Accuracy in Reporting, 2/12/2005]

Entity Tags: Rush Limbaugh, Steve Rendell, Federal Communications Commission

Timeline Tags: Domestic Propaganda

In a landmark decision, the Supreme Court rules that the Federal Communications Commission (FCC)‘s Fairness Doctrine, which mandates that broadcasters provide opportunities for differing viewpoints to be aired concerning political and social issues (see 1949 and 1959), is constitutional. The case, Red Lion Broadcasting Co. v. FCC, concerns personal attacks alleged by journalist Fred Cook, who says he was vilified on the air by conservative Christian broadcaster Reverend Billy James Hargis. Cook had demanded free air time under the Fairness Doctrine to respond to the attacks. In an 8-0 decision, the Court rules that although similar laws are unconstitutional when applied to the press, radio stations must hew to a different standard because of the limited public airwaves. Justice Byron White, writing for the majority, finds: “A license permits broadcasting, but the licensee has no constitutional right to be the one who holds the license or to monopolize a radio frequency to the exclusion of his fellow citizens. There is nothing in the First Amendment which prevents the government from requiring a licensee to share his frequency with others.… There is no sanctuary in the First Amendment for unlimited private censorship operating in a medium not open to all.… It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount.… It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC.” White’s ruling warns that if the Fairness Doctrine ever restrains speech, then its constitutionality should be reconsidered. [Red Lion Broadcasting Co., Inc. v. Federal Communications Commission, 6/9/1969; York Daily Record, 5/6/2003; Fairness and Accuracy in Reporting, 2/12/2005]

Entity Tags: Byron White, Billy James Hargis, Federal Communications Commission, Fred Cook, US Supreme Court

Timeline Tags: Domestic Propaganda

1985: FCC Abandons Fairness Doctrine

The Federal Communications Commission (FCC) decides that the Fairness Doctrine, in place since 1949 (see 1949 and 1959), is no longer needed to control political discussions on American broadcasts. The Fairness Doctrine requires that broadcasters provide “reasonable opportunities” for the presentation of differing views on controversial public issues. [Jamieson and Cappella, 2008, pp. 45] The FCC’s leadership is now populated largely with Reagan administration political appointees, conservatives who have a strong interest in deregulating the broadcast industry. First among these appointees is FCC chairman Mark Fowler, formerly a broadcast lawyer who has little patience for the idea that broadcasters have a unique role or bear special responsibilities to ensure broad discourse. “The perception of broadcasters as community trustees should be replaced by a view of broadcasters as marketplace participants,” Fowler says. In 1983, he said that television is “just another appliance—it’s a toaster with pictures.” He endorses near-complete deregulation, having said in 1983, “We’ve got to look beyond the conventional wisdom that we must somehow regulate this box.” The only regulations Fowler supports are those that help corporations manage frequency licensing. Fowler came into the FCC vowing to repeal the Fairness Doctrine, and spends his time as chairman working towards that goal, arguing that the doctrine violates broadcasters’ First Amendment rights. Though the doctrine remains law, the FCC stops enforcing it. [Fairness and Accuracy in Reporting, 2/12/2005]

Entity Tags: Mark Fowler, Federal Communications Commission, Reagan administration

Timeline Tags: Domestic Propaganda

A federal appeals court agrees with the Federal Communications Commission (FCC) that the Fairness Doctrine, which mandates that broadcasters provide opportunities for different sides of controversial political and social issues (see 1949 and 1959), is no longer needed (see 1985). [Jamieson and Cappella, 2008, pp. 45] In the case Meredith Corp. v. FCC, the court rules 2-1—with Reagan administration appointees Robert Bork and Antonin Scalia overriding the third judge—that Congress had not actually made the Fairness Doctrine an actual law. Bork writes, “We do not believe that language adopted in 1959 made the Fairness Doctrine a binding statutory obligation” because the doctrine was imposed “under,” not “by,” the Communications Act of 1934. In Bork’s opinion, the 1959 amendment established that the FCC could apply the doctrine, but is not legally obliged to do so. Therefore, the FCC can retain or drop the rule as it likes. According to the Media Access Project, “The decision contravened 25 years of FCC holdings that the doctrine had been put into law in 1959.” [Fairness and Accuracy in Reporting, 2/12/2005; Museum of Broadcasting, 1/27/2008]

Entity Tags: Federal Communications Commission, Antonin Scalia, Robert Bork, Reagan administration

Timeline Tags: Domestic Propaganda

1987: FCC Repeals Fairness Doctrine

The Federal Communications Commission (FCC), relying on a recent appellate court decision (see 1986), repeals the Fairness Doctrine (see 1949 and 1959). [Fairness and Accuracy in Reporting, 2/12/2005]

Entity Tags: Federal Communications Commission

Timeline Tags: Domestic Propaganda

Jane Akre.Jane Akre. [Source: Injury Board (.com)]Investigative reporters Jane Akre and her husband Steve Wilson are hired by WTVT-TV, the Tampa, Florida, Fox News affiliate, to become part of its “Investigators” team. They soon begin filming a report on bovine growth hormone (BGH), a controversial substance manufactured by Monsanto. Their four-part report finds that BGH poses numerous health risks to milk consumers, including the threat of cancer, and that Florida supermarket chains routinely lie to their customers about not selling milk that contains BGH. Akre and Wilson will later recall that the local station is thrilled with the report. But after Monsanto complains to Fox News chief Roger Ailes about the report, the station’s general manager, David Boylan, tells Akre and Wilson to redo their film: to include statements from Monsanto that the filmmakers know to be false, and to make other revisions to the story that contradict the facts. According to Akre and Wilson, one Fox lawyer tells them that “it doesn’t matter if the facts are true,” what matters is the size of the lawsuit Monsanto might file against WTVT and Fox. Boylan tells the filmmakers that the position of Fox Television is: “We paid $3 billion for these television stations. We will decide what the news is. The news is what we tell you it is.” Akre and Wilson revise the story some 70 times, none of which passes muster with the station or with network officials. The couple is variously suspended without pay, suspended with pay, locked out of their workspace, and offered money to “just go away.” In late November 1997, when they threaten to inform the Federal Communications Commission (FCC) of the incident, WTVT fires them. They will file a lawsuit against WTVT and against Fox Television (see August 18, 2000). [Fairness and Accuracy in Reporting, 6/1998; BGH Bulletin, 2004; St. Louis Journalism Review, 12/1/2007] Wilson later says: “Every editor has the right to kill a story and any honest reporter will tell you that happens from time to time when a news organization’s self interest wins out over the public interest. But when media managers who are not journalists have so little regard for the public trust that they actually order reporters to broadcast false information and slant the truth to curry the favor or avoid the wrath of special interests as happened here, that is the day any responsible reporter has to stand up and say, ‘No way!’ That is what Jane and I are saying with this lawsuit.… We set out to tell Florida consumers the truth a giant chemical company and a powerful dairy lobby clearly doesn’t want them to know. That used to be something investigative reporters won awards for. As we’ve learned the hard way, it’s something you can be fired for these days whenever a news organization places more value on its bottom line than on delivering the news to its viewers honestly.” Akre will add: “We are parents ourselves. It is not right for the station to withhold this important health information and solely as a matter of conscience we will not aid and abet their effort to cover this up any longer. Every parent and every consumer have the right to know what they’re pouring on their children’s morning cereal.” [BGH Bulletin, 2004] Akre and Wilson will win the Goldman Environmental Prize for their original report in 2001. [Prize, 2001]

Entity Tags: Fox Broadcasting Company, Federal Communications Commission, David Boylan, Roger Ailes, Jane Akre, Monsanto, Steve Wilson, WTVT-TV, Fox News

Timeline Tags: US Health Care

The presidential campaign of Senator John McCain (R-AZ) files a formal complaint with the Federal Election Commission (FEC) alleging improper campaign contributions by two of the biggest financial backers of McCain’s rival presidential primary contender, Governor George W. Bush (R-TX). The backers, Texas billionaires Charles and Sam Wyly, spent $2.5 million on television ads airing in New York, Ohio, and California created by a group called “Republicans for Clean Air” (RFCA—see March 2000 and After). McCain’s campaign alleges that the Bush campaign illegally coordinated its efforts with RFCA to air the ads in the days before critical primary elections. Bush has denied any knowledge of the ads, and has said his campaign had no contact with the group. McCain’s complaint notes that Charles Wyly has already contributed the maximum amount allowed by law and holds an official position in the Bush campaign. McCain says at a campaign rally in California, “We ask Governor Bush to do what he refused to do, tell his sleazy Texas buddies to stop these negative ads and take their money back to Texas where it belongs, and don’t try to corrupt American politics with your money.” The McCain campaign also files an emergency complaint with the Federal Communications Commission (FCC), which McCain oversees as chair of the Senate Commerce Committee, asserting that the advertisements violate the Communications Act by failing to properly identify the true sponsor. The FCC declines to intervene. Bush campaign spokesperson Karen Hughes says McCain’s complaints are “irresponsible” and “shameful. He should be ashamed. He has not one shred of evidence. The governor has personally said our campaign did not coordinate, our campaign knew nothing about the ad until a member of the media asked us about the ad, and Senator McCain should be ashamed of tossing around scurrilous accusations like that.” [New York Times, 3/7/2000] The FEC will vote not to investigate the complaint. [Scott E. Thomas and Danny Lee McDonald, 4/2002]

Entity Tags: John McCain presidential campaign 2000, Federal Election Commission, Federal Communications Commission, Charles Wyly, George W. Bush, John McCain, Republicans for Clean Air, George W. Bush presidential campaign 2000, Karen Hughes, Sam Wyly

Timeline Tags: 2000 Elections, Civil Liberties

Verizon gives the NSA access from within its facilities.Verizon gives the NSA access from within its facilities. [Source: ReallyNews.com]AT&T, Verizon, and BellSouth all cooperate with the NSA in monitoring US citizens’ phone and Internet communications (see October 2001). Qwest, however, refuses to cooperate (see February 27, 2001). Qwest officials are unsure that it is legal to hand over customer information to the government without court warrants. The firm’s refusal to participate in the program leaves a gaping hole in the NSA’s database, with the NSA only getting partial coverage of US citizens in the West and Northwest. Until recently, AT&T and other phone companies have routinely insisted on court warrants before turning over call data to government agencies, protocols growing out of the historical concerns of the Bell Telephone system for customer service and privacy. Gene Kimmelman of the Consumers Union will say in 2006 that such insistence on court warrants was a bedrock principle of the Bell systems. “No court order, no customer information—period.” he says. “That’s how it was for decades.” The Bell system was also concerned with following the law, specifically the Communications Act of 1934, which prohibits telephone companies from giving out such information without court orders. President Bush and other government officials will later say that his 2002 executive order allowing the NSA to wiretap American phones without warrants (see Early 2002) gives the telephone companies legal cover, but many legal experts and civil liberties groups disagree. After 9/11, the NSA approaches the four companies with offers to pay for US citizens’ call histories and for updates, which would allow the agency to track citizens’ phone habits. Three of the four agree to the NSA proposal, but again Qwest does not. An AT&T spokesman will say in May 2006, “We do not comment on matters of national security, except to say that we only assist law enforcement and government agencies charged with protecting national security in strict accordance with the law.” BellSouth will say that the company “does not provide any confidential customer information to the NSA or any governmental agency without proper legal authority.” Verizon will add that the company acts “in full compliance with the law and we are committed to safeguarding our customers’ privacy.” Neither AT&T nor Qwest will comment at all. [USA Today, 5/11/2006] The NSA asks Qwest to install monitoring equipment on its “Class 5” switching facilities, which monitor the most localized calls as well as some international traffic. The NSA claims it will only single out foreigners on Qwest’s network. In 2006, a government official will say that the CEO of Qwest, Joe Nacchio, misunderstood what the agency was asking. [New York Times, 12/16/2007]
Qwest Refuses to Cooperate - In 2006, sources will recall that at the time of the NSA requests, Nacchio is so disturbed by the idea of the NSA wiretapping phones without warrants, and is so unsure of what information would be collected and how it might be used, that he decides the company will not cooperate. The NSA tells Qwest and the other companies that not only would it compile and maintain data on US citizens’ phone habits, but it may well share that information with other US government agencies, including the CIA, the Drug Enforcement Administration, and the FBI. Indeed, the NSA shares what it calls “product” with other intelligence agencies, and perhaps with other governmental agencies. After Nacchio decides not to comply with the NSA’s request, the agency begins pressuring the firm, accusing it of threatening national security and implying that Qwest might not be eligible for future governmental contracts. When Qwest asks the NSA to take its proposal to the FISA Court (FISC), the agency refuses, making Qwest that much more dubious about the NSA operation, especially when NSA lawyers say they won’t take the proposal to FISC because that court “might not agree with them.” The NSA also refuses to ask for authorization from the attorney general’s office. Nacchio will leave Qwest under fire for allegedly misleading shareholders about the company’s financial prospects, but his successor, Richard Notebaert, continues to refuse to cooperate with the NSA. [USA Today, 5/11/2006; USA Today, 5/11/2006] Interestingly, by 2004 the Federal Communications Commission will list Qwest and Verizon as essentially the same company. [Federal Communications Commission, 12/10/2004]
Other Firms Deny Participation - In May 2006, after USA Today reports on the telecom firms’ participation in the surveillance (see May 11, 2006), both Verizon and BellSouth will deny providing the NSA with data on their customers, though they have previously acknowledged their cooperation (see February 5, 2006). A BellSouth spokesman will say, somewhat ingenuously, “We’re not aware of any database that NSA has, so we’re not aware of our customer information being there at all.” And Verizon conspicuously fails to mention possible data from MCI, the long-distance provider it has recently bought. Senator Patrick Leahy (D-VT) will say of the various companies’ participations, “The thing that concerns me is some [companies] said yes and some said no” when asked to participate. “If the government really thought this was legal and necessary, why let some say yes and some say no? It’s either legal and necessary, or it’s not.” [USA Today, 5/16/2006]

Entity Tags: Patrick J. Leahy, Qwest, Richard Notebaert, Verizon Communications, National Security Agency, USA Today, George W. Bush, Joe Nacchio, Foreign Intelligence Surveillance Court, BellSouth, Central Intelligence Agency, AT&T, Consumers Union, Federal Bureau of Investigation, Drug Enforcement Administration, Gene Kimmelman, Federal Communications Commission

Timeline Tags: Civil Liberties

Florida’s Second Court of Appeals overturns a wrongful-firing ruling against Fox Television by a lower court (see August 18, 2000), finding in favor of the network against two citizen plaintiffs who claim they were fired by Fox News for refusing to falsify a news segment they were producing for a local affiliate. In essence, the court rules that Fox, and by extension other media outlets, can legally lie to their consumers: that there is no law against distorting or falsifying the news in the US. The appeals court holds that the plaintiffs’ threat to report the network to the Federal Communications Commission (FCC) does not deserve protection under Florida’s whistleblower statute, because a whistleblower must report “an employer breaking an adopted law, rule, or regulation.” The FCC has a policy against falsification of the news, but the court, in what the St. Louis Journalism Review will call “a stunningly narrow interpretation of FCC rules,” rules that the policy does not rise to the level of a “law, rule, or regulation.” Therefore, Fox Television’s Fox News Channel or any other news producer can produce willfully false stories and claim they are true, without fear of reprisal. In their court arguments, lawyers for Fox Television asserted that no rules or laws exist that prohibit distorting or falsifying news reports: that, under the First Amendment, broadcasters have the right to lie or deliberately distort news reports on the public airwaves. The attorneys did not dispute that network officials pressured the plaintiffs to produce a false story; instead, they argued that it was the network’s right to do so. Fox Television won “friend of the court” support from five major news owners: Belo Corporation, Cox Television, Gannett, Media General Operations, and Post-Newsweek Stations. [St. Louis Journalism Review, 12/1/2007] After the verdict, the local Fox affiliate, WTVT-TV, airs a news report saying it is “totally vindicated” by the verdict. [Sierra Times, 2/28/2009]

Entity Tags: Gannett Corporation, Cox Television, Belo Corporation, Federal Communications Commission, Fox News, Post-Newsweek Stations, Fox Broadcasting Company, Media General Operations, WTVT-TV

Timeline Tags: Domestic Propaganda

Studio poster for ‘Saving Private Ryan.’Studio poster for ‘Saving Private Ryan.’ [Source: Little Golden Guy (.com)]Sixty-six of ABC’s 225 affiliated stations choose not to air the World War II film Saving Private Ryan on Veterans Day. ABC aired the film, widely considered a homage to American soldiers, on Veterans Day in 2001 and 2002 without complaint. But with new concerns that the Bush administration, and the American electorate, is energized by a passion for “moral values” (see November 3, 2004), the stations’ executives believe they may risk fines from the Federal Communications Commission (FCC). The film opens with a graphic depiction of the famous D-Day invasion of Normandy by US, British, and Canadian forces, and the entire film contains a significant amount of profanity. The FCC could impose fines of up to $32,500 on a station if it finds the film violates moral and ethical standards. The FCC says it has received complaints, but has not yet decided to mount any sort of investigation. Many stations choosing not to air the film say that if their viewers are angry at the decision, they should call the FCC themselves. ABC spokeswoman Susan Sewell says the “overwhelming majority” of viewers are comfortable with their decision to broadcast the film. Some of the stations choosing not to air the film point to a recent FCC decision to fine CBS stations up to $500,000 for airing a Super Bowl halftime show in which entertainer Janet Jackson exposed her right breast for a moment. ABC’s contract with DreamWorks, the film studio who produced Saving Private Ryan, does not allow the network or its stations to edit the film. ABC shows an introduction by Senator John McCain (R-AZ), a prisoner of war during Vietnam. Jack Valenti, the former head of the Motion Pictures Association of America, says that he cannot imagine the FCC fining any station for showing the film: “I think that this planet would collide with Saturn before that happens.” [Associated Press, 11/12/2004; BBC, 11/13/2004] In 2006, author and media critic Frank Rich will write that “merely the fear of reprisals was enough to push television stations… onto the slippery slope of self-censorship before anyone in Washington even bothered to act.” Rich asks if such self-censorship might extend into these stations’, and networks’, coverage of the Iraq war: “If these media outlets were afraid to show a graphic Hollywood treatment of a 60-year old war starring the beloved Tom Hanks because the feds might fine them, toy with their licenses, or deny them regulatory permission to expand their empires, might they curry favor with Washington by softening their news divisions’ efforts to present the ugly facts of an ongoing war? The pressure groups that were incensed by both Saving Private Ryan and risque programming were often the same ones who campaigned against any news organization that was not toeing the administration political line in lockstep with Fox [News].” [Rich, 2006, pp. 153-154]

Entity Tags: Janet Jackson, CBS, ABC, DreamWorks, Jack Valenti, Susan Sewell, Federal Communications Commission, John McCain

Timeline Tags: Domestic Propaganda

In an article examining the history and impact of the Fairness Doctrine (see 1949 and 1959), progressive communications law expert Steve Rendell writes that since the doctrine’s repeal (see 1987 and 1988), there has been far less coverage of controversial public issues on the nation’s airwaves. The Media Access Project (MAP) says, “Since the demise of the Fairness Doctrine we have had much less coverage of issues,” with television news and public affairs programming decreasing both locally and nationally. Twenty-five percent of broadcast stations offer no local news or public affairs programming at all. Rendell writes: “The most extreme change has been in the immense volume of unanswered conservative opinion heard on the airwaves, especially on talk radio. Nationally, virtually all of the leading political talkshow hosts are right-wingers: Rush Limbaugh, Sean Hannity, Michael Savage, Oliver North, G. Gordon Liddy, Bill O’Reilly, and Michael Reagan, to name just a few. The same goes for local talkshows. One product of the post-Fairness era is the conservative ‘Hot Talk’ format, featuring one right-wing host after another and little else.” A lawyer in Oregon, Edward Monks, found that his local stations broadcast 80 hours per week of Republican and conservative talk, and none whatsoever of Democratic or liberal/progressive talk. Monks wrote: “Political opinions expressed on talk radio are approaching the level of uniformity that would normally be achieved only in a totalitarian society. There is nothing fair, balanced, or democratic about it.” Robert F. Kennedy Jr. has written, “The FCC [Federal Communications Commission]‘s pro-industry, anti-regulatory philosophy has effectively ended the right of access to broadcast television by any but the moneyed interests.” Rendell concludes that the nation “need[s] a Fairness Doctrine. It’s not a universal solution. It’s not a substitute for reform or for diversity of ownership. It’s simply a mechanism to address the most extreme kinds of broadcast abuse.” [Fairness and Accuracy in Reporting, 2/12/2005]

Entity Tags: Media Access Project, Edward Monks, Bill O’Reilly, G. Gordon Liddy, Sean Hannity, Steve Rendell, Robert F. Kennedy Jr., Michael Reagan, Michael Savage, Federal Communications Commission, Oliver North, Rush Limbaugh

Timeline Tags: Domestic Propaganda

Vinton Cerf.Vinton Cerf. [Source: Ipswitch.com]The Information Technology Association of America, an information technology (IT) trade association, presents a paper authored by Internet founder Vinton Cerf and others which notes that the new capabilities of electronic surveillance of Internet, cellular communications, and voice-over internet protocols (VoIP) by US government and law enforcement officials under CALEA (see January 1, 1995) is inherently dangerous for fundamental civil liberties as well as technological innovation. (CALEA mandates that US telecommunications providers such as AT&T give US law enforcement agencies and intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks.) Cerf and his colleagues write, “In order to extend authorized interception much beyond the easy scenario, it is necessary either to eliminate the flexibility that Internet communications allow, or else introduce serious security risks to domestic VoIP implementations. The former would have significant negative effects on US ability to innovate, while the latter is simply dangerous. The current FBI and FCC direction on CALEA applied to VoIP carries great risks.” In order to implement the mandates of CALEA, the authors write, the nation’s electronic communications systems will become inherently less secure from hackers and others seeking to eavesdrop or disrupt communications, innocent citizens will not be secure from possibly illegal surveillance by law enforcement or intelligence agencies, and the nation’s communications systems will face near-insurmountable technological hurdles that will make it difficult for US telecommunications and Internet providers to continue to innovate and improve services. They conclude, “The real cost of a poorly conceived ‘packet CALEA’ requirement would be the destruction of American leadership in the world of telecommunications and the services built on them. This would cause enormous and very serious national-security implications. Blindly applying CALEA to VoIP and realtime Internet communications is simply not worth this risk.” [Information Technology Association of America, 7/13/2006 pdf file]

Entity Tags: Information Technology Association of America, Federal Bureau of Investigation, Communications Assistance for Law Enforcement Act (CALEA), Vinton Cerf, Federal Communications Commission

Timeline Tags: Civil Liberties

John Dingell.John Dingell. [Source: MSNBC]Democratic representatives Rosa DeLauro (D-CT) and John Dingell (D-MI) write a letter to Federal Communications Commission (FCC) chairman Kevin J. Martin, urging that his agency begin an immediate investigation of the Pentagon’s recently revealed propaganda operation (see April 20, 2008 and Early 2002 and Beyond). DeLauro has already written requests for explanations to five different networks, and has received only two responses (see May 2, 2008 and April 29, 2008). DeLauro and Dingell want to know whether the operation violated the Communications Act of 1934 and/or FCC rules, particularly the sponsorship identification requirements. “While we deem the DoD’s [Defense Department’s] policy unethical and perhaps illegal,” they write, “we also question whether the analysts and the networks are potentially equally culpable pursuant to the sponsorship identification requirements in the Communications Act of 1934… and the rules of the Federal Communications Commission.… It could appear that some of these analysts were indirectly paid for fostering the Pentagon’s views on these critical issues. Our chief concern is that as a result of the analysts’ participation in this [Defense Department] program, which included the [Defense Department]‘s paying for their commercial airfare on [Defense Department]-sponsored trips to Iraq, the analysts and the networks that hired them could have run afoul of certain laws or regulations.” DeLauro and Dingell conclude: “When seemingly objective television commentators are in fact highly motivated to promote the agenda of a government agency, a gross violation of the public trust occurs. The American people should never be subject to a covert propaganda campaign but rather should be clearly notified of who is sponsoring what they are watching.” [US House of Representatives, 5/6/2008]

Entity Tags: US Department of Defense, Federal Communications Commission, John Dingell, Kevin J. Martin, Rosa DeLauro

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Michael J. Copps.Michael J. Copps. [Source: Cable's Leaders in Learning (.org)]The Pentagon’s propaganda operation—using military analysts in media outlets to promote the administration’s policies in Iraq (see Early 2002 and Beyond), as recently revealed in the New York Times (see April 20, 2008)—draws a sharp reaction from Federal Communications Commission (FCC) Commissioner Michael J. Copps. Copps, a Democrat, applauds the efforts of Democratic lawmakers and political bloggers to keep pushing for accountability (see May 8, 2008), saying: “President Eisenhower warned against the excesses of a military-industrial complex. I’d like to think that hasn’t morphed into a military-industrial-media complex, but reports of spinning the news through a program of favored insiders don’t inspire a lot of confidence.” The propaganda operation was “created in order to give military analysts access in exchange for positive coverage of the Iraq war,” Copps adds. [Politico, 5/8/2008]

Entity Tags: Federal Communications Commission, Michael J. Copps, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Screenshot of Fox’s November 18, 2009 broadcast using 2008 footage to claim ‘huge crowds’ at Palin’s book tour.Screenshot of Fox’s November 18, 2009 broadcast using 2008 footage to claim ‘huge crowds’ at Palin’s book tour. [Source: Media Matters]Fox News’s Gregg Jarrett, anchor of the Happening Now news broadcast, tells viewers that former Alaska Governor Sarah Palin is “continuing to draw huge crowds while she’s promoting her brand new book [her autobiography Going Rogue]. Take a look at—these are some of the pictures just coming into us. The lines earlier had formed this morning.” Fox News then cuts to film from the 2008 presidential campaign, where Palin, the Republican vice-presidential candidate, was speaking to a large and enthusiastic crowd. The footage shows rally participants waving “McCain/Palin” signs while others hold pom-poms and cheer. Jarrett says, “There’s a crowd of folks.” [Media Matters, 11/18/2009; Think Progress, 11/18/2009; Chicago Tribune, 11/18/2009] Media Matters soon identifies the footage as being from a November 1, 2008 rally in Florida. [Media Matters, 11/18/2009] Progressive columnist and blogger John Amato, calling Fox News’s usage of the footage a deliberate “hoax,” writes that he has filed a complaint with the FCC (Federal Communications Commission) over the use of the footage. [Huffington Post, 11/18/2009] Shortly afterwards, Fox News airs an apology, with another anchor saying in part: “We didn’t mean to mislead anybody. It was a mistake, and for that we apologize.” [Chicago Tribune, 11/18/2009] The next day, Fox News senior vice president Michael Clemente blames a “production error” for the use of the inaccurate footage, saying: “This was a production error in which the copy editor changed a script and didn’t alert the control room to update the video. There will be an on-air explanation during Happening Now on Thursday.” [Think Progress, 11/19/2009] Unnamed sources tell a Chicago Tribune reporter that “serious disciplinary action” may be taken against those responsible, and that Fox News executives consider it “a sloppy and unnecessary error.” [Chicago Tribune, 11/18/2009] The Tribune and a number of progressive bloggers note a similar error on Sean Hannity’s Fox News broadcast two weeks earlier (see November 5, 2009).

Entity Tags: John Amato, Fox News, Michael Clemente, Gregg Jarrett, Sean Hannity, Sarah Palin, Federal Communications Commission

Timeline Tags: Domestic Propaganda

Republicans on the House Appropriations Committee block a proposal that would force television stations to make records about political advertisement buys public on the Internet. The Federal Communications Commission (FCC) had approved the proposal in April 2012. It would require television stations affiliated with the four top networks in the 50 largest markets to post political ad sales online; stations are already required to make the records available on request, but most stations keep the records on paper, making it difficult to compile and track the information as it is recorded. The data includes the rates charged for political spots, the dates the spots aired, and the class of time purchased. Broadcasters had argued against the proposal, claiming that it would cost them money and would force them to reveal information that would make them less competitive. Broadcasters are expected to make as much as $3 billion this year from political advertisement sales. Committee chair Hal Rogers (R-KY) argued that “television station fiscal matters are private and should be kept private.” But Meredith McGehee of the Campaign Legal Center says Rogers’s argument is “contrary to existing laws that have been on the books for decades,” because the information is already available to the public. She calls the idea that switching from paper would be a burden for stations “ridiculous.” [Los Angeles Times, 6/8/2012]

Entity Tags: Meredith McGehee, Federal Communications Commission, House Committee on Appropriations, Hal Rogers

Timeline Tags: Civil Liberties, 2012 Elections

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